272/03 : Association of Victims of Post Electoral Violence &
INTERIGHTS / Cameroon
Summary of the Facts
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1. The communication had been initiated against the Republic of Cameroon, State Party to the
African Charter, by two Non Governmental Organisations (NGO); The Association of the Victims of
Post Electoral Violence of 1992 of the North West Region, headquartered in Bamenda, Cameroon;
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and The International Centre for the Legal Protection of Human Rights (INTERIGHTS) ,
headquartered in London, UK.
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2. In the communication, the complainants contend that on the 23 October 1992, in reaction to the
confirmation by the Supreme Court of Cameroon of the victory of the candidate Paul Biya of the
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Cameroon Peoples’ Democratic Party (RDPC) in the presidential elections of the 11 October 1992,
the members of the Social Democratic Front (SDF), the Principal Opposition Party, attacked the
symbols of the State and the militants of the Party which won the elections, in the city of Bamenda,
their Party stronghold.
3. Property belonging to RDPC militants and to other citizens are said to have been destroyed. The
damages caused to Messrs. Albert Cho Ngafor and Joseph Ncho Adu are estimated at one billion
CFA francs for each of them. Damages to the tune of 800 million CFA francs are said to have been
caused to about a hundred other individuals.
4. Certain victims such as Mr. Albert Cho Ngafor, who had been sprayed with petrol, were moreover
subjected to serious physical attacks.
5. In consequence the Cameroonian Authorities arrested certain individuals presumed to be
responsible for these events; the said Authorities also set up, in February 1993, a Committee
responsible for the compensation of the victims.
6. However, having waited in vain for their compensation, the victims of the post electoral violence of
Bamenda organised themselves into an Association and embarked on certain activities in order to
have the matter settled amicably.
7. This method however proved fruitless, as, in spite of firm promises made by the President of the
Republic, who had been approached in the context of the measures taken towards an amicable
settlement, no concrete result had been obtained by the victims of the violence.
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8. On the 13 March 1998, the victims of the Bamenda events brought an appeal for responsibility
against the Cameroonian State to the Administrative Chamber of the Supreme Court. The appeal in
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question had been recorded on the 22 April 1998 by the Clerk of Courts, under the number 835/9798.
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9. On the 16 July 1998, the Government of Cameroon reacted, requesting the Supreme Court to
declare the victims’ submission inadmissible and since then, the proceedings have been blocked in
spite of all the efforts made by the Counsels of the complainants, with the support of certain
administrative Authorities, like the Commissioner of the District of Mezam (home region of the
victims).
The Complaint
10. The complainants allege the violation of Articles 1, 2, 4, 7 and 14 of the African Charter by the
Republic of Cameroon. In consequence, the complainants are requesting the African Commission to:
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Declare the refusal by the Administrative Chamber of the Supreme Court of Cameroon to
consider their appeal against the Government of Cameroon as contrary to the principles of the
right to a fair hearing, as stipulated by the African Charter in its Article 7 and by the relevant
provisions of other international human rights instruments;